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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44370
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Been served an interim VRO by my partner's ex-husband (to

Customer Question

Been served an interim VRO by my partner's ex-husband (to include their children). At best this is extreme over-reaction or at worst devious and malicious. This is his 4th attempted VRO against ex-wifes "family". Previous 3 were dismissed by magistrate as wasting court time, although the children weren't included on any of those.
Anyway today was meant to be the Final Order Hearing and partner's ex-husband was a complete no-show. Magistrate advised the notification of hearing date letter was returned to them as "Return to Sender".
As he applied for the VRO and would have given his postal details this seems rather confusing to me. Hearing was adjourned for a couple of weeks during which the interim order stays in force.
Would be interested to hear thoughts on a couple of points.
1. Is returning a court summons letter some sort of delaying tactic just designed to prolong my suffering?
2. If the application is thrown out at next hearing (magistrate indicated this is a possibility) can another application be lodged using the same incident as his reason.
3. If he no-shows again is there any scope for recovery of legal costs (currently approx $500). This is his 4th attempted VRO against ex-wifes "family"
Many thanks in advance.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The court has to do what it is doing to make sure that any decision is not appealed.

They should have also made an order that the Bailiff attend and serve him with the next court date.

If he fails then you can have it dismissed and if you have been using a solicitor seek costs.
He can file another application. If he has already filed 4 you may be able to try and have him declared vexatious by the Attorney General.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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